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02/10/95 ANTONIO SMITH v. STATE

February 10, 1995

ANTONIO SMITH
v.
STATE



Appeal from Etowah Circuit Court. (CC-91-528.60). Roy Moore, Trial Judge.

Rule 39(k) Motion Denied March 24, 1995. Rehearing Denied March 24, 1995. Released for Publication August 25, 1995.

Mcmillan, Judge. All Judges concur except Taylor, P.j., Dissents with opinion.

The opinion of the court was delivered by: Mcmillan

MCMILLAN, JUDGE

AFFIRMED. NO OPINION.

All Judges concur except Taylor, P.J., Dissents with opinion.

TAYLOR, PRESIDING JUDGE, (dissenting)

I respectfully Dissent from the unpublished memorandum in this case on the authority of the following recent Alabama Supreme Court cases: Bennett v. State, 649 So. 2d 214 (Ala. 1994); Cantu v. State, [Ms. 1920426, April 15, 1994] ___ So. 2d ___, 1994 Ala. LEXIS 233 (Ala. 1994); Ex parte Parish, 660 So. 2d 231 (Ala. 1994); and Gordon v. Nagle, 647 So. 2d 91 (Ala. 1994).

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